Asset and Property Division in North Carolina Divorce
When a couple divorces, they must review their assets, property, and debts and agree on how they will divide them. This can be a very complex undertaking, especially in marriages that lasted a long time or in a high-asset divorce. Couples need to determine all their assets and decide exactly how to distribute them in an equal and fair manner. A knowledgeable North Carolina divorce attorney will help you through the process.
Types of Property
How Do I Prepare for a Custody Case?
When parents divorce, they often disagree about some of the fundamental settlement terms. Disputes regarding the children are among the most common arguments between divorcing couples. In North Carolina, both parents often share legal custody of their children. This is called shared parenting or co-parenting. The children typically live primarily with one parent and have regular visits with the other parent. Sometimes, parents cannot agree on child custody. When that happens, it can make the divorce process more difficult and stressful.
Child Custody
What is the Waiting Period for Divorce in North Carolina?
Making the decision to divorce is likely one of the most difficult things you will ever do. Once you realize that you cannot make your marriage work, the next step is to begin the divorce process. In North Carolina, divorce is called absolute divorce. North Carolina requires couples to live separately for a period of one year before they can seek a no-fault divorce. The one-year period is required to ensure that you are ready to end your marriage. One partner will then file a petition for absolute divorce.
Waiting Period in North Carolina
Managing Your Credit Score During Divorce
You work hard for years to maintain a good credit history and score. When you are married, you and your spouse are usually responsible for the debts that you incur. Although you may always pay your bills on time and keep a good credit to debt ratio, you could face some credit challenges during and after your divorce. Even when couples agree to end their marriage, they may disagree about finances. In North Carolina, when couples divorce their marital property, including debts are to be divided equally.
Marital Debts
What is a Custody Evaluation?
When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.
Resolving Custody Disputes
How Can I Relocate with My Child After Divorce?
Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.
Are There Restrictions on Relocation After Divorce?
Five Common Questions About Divorce in North Carolina
Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.
Can We Get a No-Fault Divorce?
How Does Marital Misconduct Affect Divorce?
The decision to file for divorce is never easy. Sometimes, a marriage does not go as planned, and you and your spouse are no longer able to make your marriage work. You are not alone because according to the Centers for Disease Control and Prevention (CDC), the divorce rate is about 2.5 out of every 1,000 total population. There were more than 689,000 divorces in 2021. In North Carolina, you can obtain a no-fault divorce. This means that you do not need to prove grounds for divorce other than that your marriage is irretrievably broken. But what happens when one spouse has committed some form of marital misconduct?
What is Marital Misconduct?
Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”
Although couples can obtain a no-fault divorce in North Carolina, marital misconduct may play a prominent role in divorce proceedings. Specifically, any acts that constitute marital misconduct may affect such aspects of divorce as alimony and even child custody.
Charlotte Divorce Lawyer Blog